The FACE Act, formally the Freedom of Access to Clinic Entrances Act and codified at 18 U.S.C. ยง 248, is a 1994 federal law that makes it a crime to use force, threats of force, physical obstruction, or property destruction to interfere with someone obtaining or providing reproductive health services, or with someone exercising religious freedom at a place of worship. It carries criminal penalties, lets the U.S. Attorney General sue for civil penalties, and gives victims their own right to file a lawsuit in federal court.
Who and What the Law Covers
Two settings fall inside the statute. The first is any facility that provides reproductive health services, defined broadly to include medical, surgical, counseling, and referral services related to the human reproductive system, whether the service involves pregnancy, ending a pregnancy, or preventing conception. The second is any place of worship: churches, mosques, synagogues, temples, and any other house of worship qualify.
The law protects everyone connected to those spaces. At a clinic, that means patients, doctors, nurses, administrative staff, and volunteer escorts. At a house of worship, it means clergy, congregants, and staff. It also protects the ability to get in and out, not just what happens once you are inside. Blocking a driveway or a path to a parking lot is treated the same as blocking a front door. Mobile clinics and temporary worship sites count too; the statute is not limited to permanent buildings.
What Counts as a Violation
Three categories of conduct are prohibited, and each applies to both clinic and worship settings.
- Force or threats of force. Physical violence or credible threats aimed at someone because of their protected activity. This ranges from shoving a patient to sending a doctor a letter threatening harm.
- Physical obstruction. Rendering ingress or egress impassable, or making passage unreasonably difficult or hazardous. A human chain across a clinic door and vehicles parked to block a driveway both qualify.
- Property destruction. Intentionally damaging or destroying clinic property because the facility provides reproductive health services, or damaging the property of a place of worship. Vandalism, arson, and destruction of medical equipment are examples.
Attempts count. You do not have to succeed in blocking someone or damaging property to be charged. The conduct must be intentional, though. Accidentally bumping someone near a clinic or inadvertently standing in a walkway is not a federal offense; the government has to prove the defendant acted on purpose to interfere with protected activity.
The Parent or Guardian Exception
The statute contains one narrow carve-out. A parent or legal guardian of a minor cannot be penalized under the FACE Act for conduct directed exclusively at that minor. If a parent physically stops their own teenager from entering a clinic, the FACE Act does not reach that interaction. The exception disappears the moment the conduct touches anyone else at the facility.
What the First Amendment Still Protects
The FACE Act does not reach peaceful protest. Picketing, leafleting, sidewalk counseling, and other peaceful demonstrations outside a facility remain protected by the First Amendment and fall outside the statute. The line is drawn at conduct, not viewpoint. You can stand on a public sidewalk and voice opposition to abortion or to a religious institution; you cannot physically block people or threaten them. The statute is explicit that it creates no new remedy for interference with speech or religious exercise happening outside a facility, whatever the speaker’s viewpoint.
Criminal Penalties
Sentences depend on the type of conduct and whether the defendant has a prior FACE Act conviction.
For offenses involving force or threats of force, a first conviction carries up to one year in prison. A second or later conviction raises the ceiling to three years. Fines follow the general federal schedule: up to $100,000 for a first offense treated as a misdemeanor, and up to $250,000 on a subsequent felony conviction.
For nonviolent physical obstruction with no force or threats, the caps are lower and set inside the statute itself. A first offense carries a maximum fine of $10,000, up to six months in prison, or both. A second or later conviction carries a maximum fine of $25,000, up to 18 months, or both. The statute states these caps apply even though the general federal fine schedule would otherwise allow more.
If any violation results in bodily injury, the maximum prison sentence rises to 10 years. If someone dies as a result, the defendant faces any term of years up to and including life. Penalties apply per violation, so one incident involving multiple victims can produce cumulative charges. The general federal criminal statute of limitations is five years from the date of the offense.
Suing Under the FACE Act
Victims have their own right to sue in federal court, independent of any criminal case the government may bring. The available relief is broad:
- Temporary, preliminary, or permanent injunctions barring a defendant from approaching or interfering with a facility.
- Compensatory damages for medical bills, lost income, repair costs, and other actual losses.
- Punitive damages at the court’s discretion.
- Statutory damages of $5,000 per violation, which a plaintiff can elect instead of proving actual losses any time before final judgment.
- Reasonable attorney fees, expert witness fees, and other litigation costs for a successful plaintiff.
The statutory damages option matters when harm is real but hard to quantify. A patient blocked from a clinic for 30 minutes may not have specific medical bills, but the $5,000 per-violation floor still provides a meaningful remedy. Private civil claims are subject to a four-year federal statute of limitations that runs from the date of the violation.
Government Civil Enforcement
The U.S. Attorney General can bring a separate civil action whenever there is reasonable cause to believe someone is being harmed or is about to be harmed by a FACE Act violation. In that action, the court can award compensatory damages to victims, issue injunctive relief, and impose civil penalties on top.
The civil penalty caps are:
- For nonviolent physical obstruction: up to $10,000 for a first violation and up to $15,000 for each later violation.
- For all other violations, including force, threats, and property destruction: up to $15,000 for a first violation and up to $25,000 for each later violation.
These civil penalties are on top of any criminal fine and any damages a private plaintiff recovers separately.
Current Federal Enforcement Policy
Enforcement has narrowed. In early 2025, the Department of Justice issued a directive stating that federal prosecutors may bring abortion-related FACE Act civil actions and prosecutions only “in extraordinary circumstances or in cases presenting significant aggravating factors.” The DOJ also dismissed several pending civil lawsuits against protesters. The statute itself is unchanged and remains fully in force. Private civil lawsuits and state-level enforcement are not affected by the DOJ policy, which is why a private action is often the more reliable route for clinic-access violations right now.
How to Report a Violation
Complaints go to the Civil Rights Division of the Department of Justice, which handles FACE Act enforcement. You can file online at civilrights.justice.gov/report, call (202) 514-3847, or use the toll-free line at 1-855-856-1247. Reporting is voluntary and can be done anonymously. Filing a government complaint does not foreclose a private lawsuit; the two paths are independent, and many victims pursue both.